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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
PRADEEP SINGH YERUR, J
Ravindra Mahabaleshwara Naik – Appellant
Versus
State Of Karnataka, Rep. By Its Principal Secretary, Department Of Co-Operation – Respondent
JUDGMENT :
(PRADEEP SINGH YERUR, J.)
Heard learned counsel Sri Vishwanath Bhat, for the petitioners, learned AGA for respondents No.1 and 2, as well as learned counsel Sri A.P.Hegde, for respondent No.6.
2. It is the grievance of petitioners that as per voters list produced despite being the members, their names are not reflected in the list. It is contended that list so produced is illegal, arbitrary and bad in law hence, they sought for grant of permission to cast their votes and contest in the elections. By virtue of the interim order, this Court permitted them to contest and cast their votes in the election so conducted to the respondent-society. In view of petitioners already having contested and cast their votes, only question that needs to be considered is whether votes so cast and contest so made by the petitioners requires to be taken into consideration and results of election be declared.
3. Learned AGA relies upon a Judgment of coordinate bench of this Court in WP.No.1807/2024 to contend that even if petitioners who are not eligible and there is violation of provision of Rules 13-D(2-A) of the Karnataka Co-operative Societies Rules, 1960 that merely will not disqualify the
Participation in elections by individuals deemed ineligible does not invalidate election results if due process is followed, allowing courts to permit such participation.
Procedural non-compliance in election eligibility does not cure disqualification; eligibility disputes must be resolved under the relevant provisions of the Act.
The court affirmed the right to vote in co-operative society elections despite non-compliance with eligibility rules, allowing votes to be counted while keeping eligibility disputes open for future r....
Compliance with election procedures under statutory rules is essential, and eligibility disputes must be resolved independently of interim orders.
The court held that non-attendance at meetings due to COVID-19 restrictions should not disqualify members from voting, affirming that disputes about eligibility typically fall under statutory provisi....
The court ruled that procedural non-compliance does not automatically validate disqualified votes, and eligibility must be determined in accordance with the relevant statutory provisions.
Eligibility disputes in cooperative elections should be resolved post-election under the Karnataka Co-operative Societies Act, not through immediate judicial intervention.
The court affirmed that election disputes under the Karnataka Co-operative Societies Act must be addressed according to its prescribed procedures post-result announcement.
Eligibility disputes in cooperative society elections must be addressed under statutory frameworks, following established precedent for interim voting rights.
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